GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XVIII of 1991 THE NIRAMOY GROUP OF INSTITUTIONS ACQUISITION (AMENDMENT) ACT, 1991.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 20th March, 1992.]
[20th March, 1992J An Act to amend the Niramoy Group of Institutions Acquisition Act,
1982.
West Ben.
Act XVI of 1982.
3. In the preamble to the principal Act, after the word "acquisition", the words "and transfer" shall be inserted.
4. In sub-section (I) of section 1 of the principal Act, after the word "Acquisition", the words "and Transfer" shall be inserted.
5. In section 2 of the principal Act, after clause (b), the following clauses shall be inserted:— `(61) "Board of directors" has the same meaning as in clause (6) I of 1956. of section 2 of the Companies Act, 1956;
(b2) "company" means a company as defined in section 3 of the Companies Act, 1956;
(b3) "director" has the same meaning as in clause (13) of section 2 of the Companies Act, 1956;
WHEREAS it is expedient to amend the Niramoy Group of Institutions Acquisition Act, 1982, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Forty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the Niramoy Group of Institutions Acquisition (Amendment) Act, 1991.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In the long title of the Niramoy Group of Institutions Acquisition Act, 1982 (hereinafter referred to as the principal Act), after the word "acquisition", the words "and transfer" shall be inserted.
Short title and commencement.
Amendment of long title of West Ben.
Act XVI of 1982.
Amendment of preamble.
Amendment of section I.
Amendment of section 2.
201 The Niramoy Group of Institutions Acquisition (Amendment) Act, 1991.
[West Ben. Act (Section 6.)
(b4) "existing joint sector company" means a joint sector company which is carrying on business on the date of coming into force of the Niramoy Group of Institutions Acquisition (Amendment) Act, 1991;
(b5) "joint sector company" means a company in relation to which fifty per cent. of directors of the Board of directors is nominated by the State Government;
(b6) "new joint sector company" means a joint sector company formed and registered on or after the date of coming into force of the Niramoy Group of Institutions Acquisition (Amendment) Act, 1991;'.
Insertion of new section 6A.
6. After section 6 of the principal Act, the following section shall be inserted:— Tower to 6A. (I) Notwithstanding anything contained in transfer the sections 4 and 6, the State Government may, if it is satisfied Institution on lease. that an existing, or new, joint sector company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, transfer the Institutions on lease to that existing, or new, joint sector company, as the case may be.
(2) The general superintendence, direction, control and management of the affairs and business of the Institutions shall, where the Institution has been transferred on lease to an existing, or new, joint sector company, as the case may be, vest on the existing, or new, joint sector company, as the case may be, on and from the date on which the existing, or new, joint sector company, as the case may be, takes over the Institutions on transfer on lease and thereupon the existing, or new, joint sector company, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the State Government under this Act, is authorised to exercise and do in relation to the Institutions for its better management and maintenance in the public interest.
Explanation—For the purposes of this section, "the Institutions" shall mean the Niramoy Group of Institutions, namely, Niramoy Polyclinic and Research Foundation, Gariahat Road, Calcutta-19, the Niramoy Chest Clinic, 70, Ganesh Chandra Avenue, Calcutta-13 and the Niramoy Chest Clinic, 2, Asutosh Mukherjee Road, Calcutta-20, to the exclusion of the Niramoy T. B. Sanatorium, Giridanga, in the district of Birbhum, and the indoor beds and provisions for outdoor services and dispensaries attached to the said Niramoy Polyclinic and Research Foundation, Gariahat Road, Calcutta-19, the Niramoy Chest Clinic, 70, Ganesh 202 The Niramoy Group of Institutions Acquisition (Amendment) Act, 1991.
XVIII of 1991.]
(Section 7.)
Chandra Avenue, Calcutta-13 and the Niramoy Chest Clinic, 2, Asutosh Mukherjee Road, Calcutta-20, and used in connection therewith, and shall include all lands and buildings of the said Niramoy Polyclinic and Research Foundation, Gariahat Road, Calcutta-19, the Niramoy Chest Clinic, 70, Ganesh Chandra Avenue, Calcutta-13 and the Niramoy Chest Clinic, 2, Asutosh Mukherjee Road, Calcutta-20, but shall not include equipments, stores, drugs or other articles used as accessories to, or adjuncts of, the Niramoy Group of Institutions as aforesaid.'.
7. After section 8 of the principal Act, the following section shall be inserted:— "Status of 8A. The services of every employee of the State employees upon Government who has been, immediately before the date on transfer of the Institution on which the existing, or new, joint sector company, as the lease case may be, takes over the Institutions on transfer on lease under section 6A, employed in connection with the affairs of the Institution, shall, on and from the date as aforesaid, stand transferred to the Department of Health and Family Welfare of the State Government:
Provided that any such employee may, within such period and in such manner as the State Government may by order determine, exercise an option to become an employee of the existing, or new, joint sector company, as the case may be, on such terms and conditions as the existing, or new, joint sector company, as the case may be, may determine.".
Insertion of new section 8A.
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